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(영문) 제주지방법원 2017.08.25 2016가단58880

구상금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 118,387,662 and the amount of KRW 39,454,352 from August 23, 2016 to the date of full payment.

Reasons

1. Indication of claim;

A. The Plaintiff, a management institution of the Agricultural and Fishery Credit Guarantee Fund, concluded a credit guarantee agreement with the Defendant for the guarantee amount of KRW 20 million on September 13, 199; the guarantee period of KRW 20 million from September 13, 199 to September 13, 2004 (hereinafter “the first credit guarantee agreement”); the guarantee amount of KRW 3 million on September 3, 199; the guarantee period of KRW 3 million from September 3, 1993 to September 3, 200 (hereinafter “the second credit guarantee agreement”); the credit guarantee agreement for the guarantee period of KRW 12 million from April 20, 200; and the credit guarantee agreement for the guarantee period of KRW 3 million from April 20 to April 20, 202 (hereinafter “the third credit guarantee agreement”).

B. In entering into each of the above credit guarantee agreements, the Plaintiff and the Defendant agreed to pay to the Plaintiff a penalty at the rate of 0.5% per annum from the expiry date of the guarantee period or from the loss date of payment to the expiration date of the guarantee period or the performance date of the guaranteed obligation to the Plaintiff for the remainder of the guarantee fee by the rate of 0.2% per annum from the payment date of the guarantee fee to the expiration date of the guarantee fee, and the unpaid guarantee fee by the Defendant shall be paid to the Plaintiff at the rate of 10% per annum from the payment date of the guarantee fee to the expiration date of the guarantee fee or from the payment date of the guaranteed obligation to the expiration date of the guaranteed obligation, and the unpaid guarantee fee shall be paid to the Plaintiff at the rate of 0.2% per annum from the payment date of the guarantee fee to the expiration date of the guarantee fee or from the payment date of the unpaid guarantee fee to the expiration date of the guarantee fee.

C. The Plaintiff, based on the 10 million won credit guarantee agreement from the Southern Branch in Jeju-si, and 3 million won based on the 2 credit guarantee agreement, and 12 million won based on the 3th credit guarantee agreement from the Jeju Agricultural Co., Ltd., was not repaid. < Amended by Presidential Decree No. 17588, Sep. 2, 2002>